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't want to purchase. when the same lawsuit was filed in virginia, by the attorney general of virginia, ken keusch cuccinelli, that's been on your show, a federal judge in virginia appointed by a democratic president said when the government tried to dismiss the case, you know what, the attorney general of virginia is right, congress has never done this before, she have a -- they have a very strong argument to say it doesn't have this power, i'm not going to dismiss the indicate -- the case. so the passer in florida, a lawsuit, joined by 19 other states, the federal government doesn't reply with an answer, it replies with an appeal to dismiss the lawsuit so, the judge will only dismiss the lawsuit if there's no legal basis for it whatsoever. there is. martha: will it be let's move on to the next step? >> correct. the next step will then be a legal analysis of the history of the commerce clause and whether the constitution was written to give congress this kind of power. for example, suppose the congress declares that the sun causes skin cancer. that would be a reasonable statement to make.
in virginia closing three years after the fed starts moving to phase out light bulbs, ordering government buildings to use fluorescent bulbs to save energy. my next guest thinks that the plan backfired and people are going to lose their jobs from this factory. it's congressman joe barton. this caught our eye. it encapsulate as number of issues out there right now. why are you fighting to save the indan des -- incandescent light bulb? >> they're cheaper, environmentally correct and we think consumers ought to make the correct choice, especially middle and low income americans, they can't afford four, $5 light bulbs when you can get the old fashioned light bulb for 40, 50 cents a pop. martha: but part of the action is to say that the government won't purchase incandescent light bulbs nip. it doesn't mean the rest of us can't. >> it also says it can't be sold as retail in the united states. martha: they can't be sold anywhere after -- when is this going to go into effect? >> 2014. so we want to repeal it. this is indicative of the overreach that the obama administration, mrs. pelosi and majo
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